Lessons From ‘Michael Cohen v. United States’: Criminal Defendants Should Not Be at the Mercy of Technology for Privilege Review

While Technology Assisted Review is a common and beneficial tool in civil litigations, it is improper and potentially unconstitutional as the sole arbiter for privilege review in criminal cases, particularly if required by courts.

By Ellen Murphy, Scott Morvillo, Wendy Butler Curtis and Kelly Cullen|January 14, 2019 at 02:30 PM|The original version of this story was published on New York Law Journal

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Michael Cohen’s months-long legal battle captivated the public. With hush money payments to strippers and the National Enquirer as well as presidential tweet storms, it’s no surprise Cohen’s Dec. 12, 2018 sentencing was front-page news. But Cohen’s criminal saga arguably began with an issue dreaded by attorneys and judges alike: the potential disclosure of attorney-client privileged communications.

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